DELAY!!!!

[msamulski 0]

My Filipina fiancée has never been married. She has an 8 year old child. The child's name on the birth certificate understandably includes the father's Surname. The father's name full name is also listed on the birth certificate. At issue now is that my fiancée's full name is listed on the birth certificate, but my fiancée's name INCLUDES the father's Surname.

We wanted to arrange for the child's K2 Visa to be granted at the same time my fiancée receives her K1 Visa, but if we use the child's current birth certificate to generate the child's passport, my fiancée's name would certainly be listed incorrectly on the child's passport. The child's passport would show the mother's name carrying the father's Surname. The mother was never married to the father. The mother's name never included the father's Surname.

We anticipate achieving our NOA2 status any day now (we are 6 full months since submitting the I-129F). My fiancée learned yesterday that it will take 2 - 3 months to get her name listed correctly on the child's birth certificate.

Do we dare go forward with getting the child's passport now? If we use the child's current birth certificate, the mother's name on the passport will surely be listed to include the father's Surname (which is incorrect).

Suppose the child were granted a K2 Visa with the mother's name listed the same way as it is listed on the passport and the child's current birth certificate(listed with the father's Surname). Would the mother, holding the K1 with her name listed without the father's Surname (as it should be since they were never married), succeed in accompanying her child out of the Philippines and into the USA?

We are pretty disappointed about this because we thought we were close to scheduling her interview, but now it looks like we will have to wait for many more months just to arrange the K1 interview.

She sent for the cenomar yesterday which we hope to receive in 2 weeks, then she will submit an affidavit to request a change to how her name is listed on her child's birth certificate (they told her 2 - 3 months for the birth certificate change), then she can apply for the child's passport (another two weeks), then schedule the K1 interview.

Does anyone have a suggestion on how we can get back on schedule?

[Hank_ 9,174]

Get the birth certificate corrrected, then move forward. If you get delayed you can get the visa petition extended by the embassy for up to a year without issue.

[apple21 953]

The child can use his father's surname, even though he's illegitimate.

Mom should go to the Local Civil Registry where the child's BC is recorded and have her name corrected. Just bring a valid CENOMAR as proof she was never married to the bio father.

It should also be stated in the child's BC that the parents were NOT MARRIED at the time of the child's birth.

[lythz 1]

The child can use his father's surname, even though he's illegitimate.

Mom should go to the Local Civil Registry where the child's BC is recorded and have her name corrected. Just bring a valid CENOMAR as proof she was never married to the bio father.

It should also be stated in the child's BC that the parents were NOT MARRIED at the time of the child's birth.

She is right